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HELP! Need guidance chap 13

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  • HELP! Need guidance chap 13

    I sm being told by my lawyer that my chapter 7 will most likely be converted to a 13 because of my gambling. I am embarrassed and ashamed that I let things get out of hand and did not deal with my issues sooner. What is frustrating/ concerning me is that I meet the means test for 7. I do not own my own car, or home. I drive a leased vehicle. I go to 341 meeting in a couple of weeks. I am scared that i will end up with no vehicle and in an even worse position than I am. Not feeling good about my lawyer either. I could use some info/support from anyone willing to give it. Very depressed and scared. I am single and pretty much alone in this world😣

  • #2
    This does not make sense. I have many clients with gambling issues and that, in and of itself, does not equate to a Chapter 13. Your gambling winnings (if any) within the six months prior to filing are included for means testing purposes regardless of any losses. If you had such winnings and those were not calculated into your "current monthly income" then that would explain the possible conversion.

    Please explain why your gambling is forcing the conversion.



    • #3
      Thank you for your reply. None of this makes any sense to me. I have been dealing with the paralegal. She seems positive it will be converted. She told me they had a previous case and tbe person went for chapter 7 and got converted to a 13. At this point i feel like I am being led to the guillotine. The paralegal has been snappy/rude with me. I am completely intimidated to even call and ask to speak with tbe lawyer. Feel like I made the wrong choice with them, but at this point feel helpless. I dont have the money to consult with another lawyer. I am broke. I did disclose on the petition that I had gambled, but have stopped.. i have/am current on car lease and rent. Confused and very frightened at this point.


      • #4
        1. You should not be intimidated. The attny works for YOU.

        2. Consulting with another attny should not cost you anything or should be at a very low cost. Initial consultations are typically free.

        3. Stop dealing with the paralegal. Call to set an appointment to meet with the attny.

        4. You need to understand your bankruptcy since it is your case.

        5. Back to my initial question, did you have gambling winnings in the 6 months before filing?

        6. You are free to ask any question on this Forum. We are here to help (as best we can).

        Welcome to bkforum. You are not, I repeat, you are not, alone.



        • #5
          Thx! I have been so embarrassed/ ashamed about the Bk,. I have not been able to advocate for myself very well. I will call them tomorrow and ask for a meeting with the lawyer. I am also going to call other attorney's for a consult.


          • #6
            Ok, good. Take control.

            I am going to guess that you did have gambling income in the 6 months before filing. I am going to further guess that the income was not used in the means test calculation. Next, I am going to assume that once the income was added you no longer "qualified" for a Chapter 7 and therefore are facing dismissal or conversion. Lastly, I am going to assume that, but for the gambling income, you did "qualify" for the 7.

            If all of my guesses and assumptions are correct, there is a very simple solution to the problem. But. . . I am going to keep you in suspense because I want to know if my guesses/assumptions are correct. Please respond.



            • #7
              They never asked about any gambling winnings. They only saw withdrawals from my bsnk account. Unless tbey are counting those as winnings? No one asked me to produce any type of loss statement.


              • #8
                Lostlady, despritfreya is trying to help you, but you are not answering a simple question. Regardless of what anybody asked you or what anybody saw, did you have gambling winnings in the 6 months before the month in which you filed that were not included on your BK as income? If so, do you now if those winnings were enough to make a difference between passing and not passing the means test?

                You have nothing to be ashamed of. Shame only gets in the way. Many good people have made the same mistakes as you and recovered. Hold your head high, leave your mistakes behind except for the lessons you learned and look towards a more positive future.
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


                • #9
                  Wow, nice forum. Trying to explain things, and I am getting scolded by the moderator and held in suspense by another. Thx 4 the support


                  • #10

                    Unfortunately I cannot just pop back on when you post. I am a practicing attorney with a busy schedule. On top of that I have the flu. Having said that, this forum is here to assist you as it has done for countless others.

                    You need to answer the questions. Did you have gambling winnings during the 6 months prior to filing? If "yes", did you include those winnings in your income analysis for means testing? Without this information I can go no further.



                    • #11
                      Scold? I think you should reread this thread. We are only trying to help you and can't do that by guessing the facts of your case. Des is very generous to help people here when he could instead be billing clients for the same advice. He is a very valuable resource. Help him help you.
                      Last edited by LadyInTheRed; 12-05-2017, 01:50 PM.
                      LadyInTheRed is in the black!
                      Filed Chap 13 April 2010. Discharged May 2015.
                      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


                      • #12
                        despritfreya, sorry the crud got you. Hope you feel better soon!
                        LadyInTheRed is in the black!
                        Filed Chap 13 April 2010. Discharged May 2015.
                        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


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